Drink Driving Accidents | Motoring Lawyer | Traffic Lawyer 4 U

Drink Driving Accidents | Motoring Lawyer | Traffic Lawyer 4 U

Robert Bimpson is wildly acknowledged to be an expert in the defence of Drink Driving Charges and Drink Driving Accidents. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your Drink Driving case.

Drink Driving Conviction

In order to be convicted of Drink Driving, the prosecution must prove that the prescribed limit has been exceeded. The prescribed limit is 35 microgrammes of alcohol in 100 millilitres of breath. However in accordance with a Home Office Circular, the prosecution does not prosecute for drink driving if the breath alcohol level is below 40 mgs. The prescribed alcohol level in blood is 80mg of alcohol in 100 millilitres of blood and in urine is 107mg of alcohol in 100 millilitres of urine.

In order to achieve a conviction for Drink Driving, the court has to be satisfied that all procedures have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving or that there has been a significant failure by the police when carrying out the investigation. The courts have held that any failure by a police officer to adhere to strict procedures when obtaining samples can be fatal to a prosecution for drink driving.

Drink Driving Evidence

In most prosecutions for drink driving, the driver will be the subject of a roadside breath test. If this proves positive he will be taken to the police station to provide a further breath test. The machine used to obtain this sample is usually a Lion Intoximeter and once again to achieve a conviction for drink driving, the police must obey strict rules.

In certain circumstances, for example, if a person is medically not able to blow into the Lion Intoximeter, the police may proceed to take a sample of blood or urine. Again if this is to be used in a prosecution for drink driving, the police must strictly adhere to fixed procedures and if they do not, a court may refuse to convict a person of the offence of drink driving.

If a police officer suspects a person is guilty of drink driving and the driver cannot provide a breath sample, the decision to take a blood or urine sample is the officers, unless there are medical reasons for not providing blood.

Drink Driving Accident Defence

There are defences to Drink Driving and Drink Driving Accidents. To give yourself the best chance of success you should instruct a specialist drink driving solicitor or a lawyer who specialises in defending traffic offences. For example a person should not be convicted of drink driving where the driver proves that he consumed alcohol before he provided the specimens and after the time of the alleged offence and that had he not done so, the proportion of alcohol in his breath, blood or urine would have exceeded the prescribed limit.

Clearly defences to Drink Driving involve technical legal argument and specialist preparation is involved. In any such situation, you should contact us immediately, in order that we can, if necessary, obtain expert, scientific evidence to help establish your innocence.

Free Drink Driving Accident Consultation

The initial consultation is FREE to let you know exactly how to deal with your Drink Driving case and ensure the best possible outcome.

Remember, if any potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about it and hope it will go away, It Won't!

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The careless driving offence actually has a very wide definition. The driver does not have to be driving a motor vehicle but any mechanically propelled vehicle and the careless driving offence can take place not only on public roads but any other place to which the public has access

Are you facing a careless driving or Driving without Due Care and Attention charge? Contact us today to find out how we can help, or click read more below to find out more about our careless driving defence! As dedicated traffic lawyers we will not shy away from questioning, exposing and exploiting any weakness in a prosecution case against any of our clients who face an allegation of careless driving.

Robert Bimpson is an expert in the defence of drink driving charges. He has been dedicated to the defence of clients since 1989 and his wealth of experience will be used to personally ensure you receive the best advice and the best possible outcome to your case. Our success rate in either avoiding or greatly reducing a driving ban is huge.

In order to achieve a conviction for drink driving, the court has to be satisfied that all procedures have been followed correctly. Never forget that evidence can be challenged by a defendant who does not accept that he is guilty of drink driving. It is important that you contact us as soon as possible so we can begin to build your defence!

Wherever, following a conviction under the Road Traffic Act, there is a penalty of an obligatory endorsement of penalty points or an obligatory disqualification we may be able to avoid this for you, if we can establish ‘special reasons’.

The law has very clearly stated what amounts to ‘special reasons’ and this often causes confusion in the mind of the lay person. We advise that you contact us as soon as you are aware of a prosecution in order that the issue of ‘special reasons’ can be discussed.

In order to establish ‘special reasons’ for not endorsing a licence or not disqualifying it will usually be essential to call evidence to satisfy the court of this.

The Road Traffic Act imposes a strict duty upon defendants to disclose the identity of drivers in these situations. If you face a prosecution for failure to disclose the identity of the driver, you should contact us immediately. We recommend that you speak to us prior to signing any documents and you should do this as soon as you receive them.

Just because the law seems onerous and puts strict duties upon people, do not assume that there are no defences to failure to disclose the identity of the driver of a motor vehicle. There are, and success may well depend upon the speed with which you act when you are prosecuted. Contact us immediately.

In a prosecution for failure to stop we advise that you contact us immediately. There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.

It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.

As with lot of road traffic offences, failing to stop is widely defined. It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle. The definition of ‘accident’ tends to be regarded in a common sense way. Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.

You can only be convicted of failing to cooperate with a preliminary test if you do so without ‘reasonable excuse.’ Such
an offence can cover several situations where a person has not
cooperated with a preliminary test, but usually relate to a defendant
being physically or mentally incapable of providing it or to so would
entail a substantial risk to his health. The inability to cooperate
with a preliminary test, if caused by drink or drugs will not be a
defence. If you face prosecution for this traffic offence you need a
specialist drink drive lawyer to best represent your interests.

If you believe that any evidence of you speeding is wrong, you should contact us as soon as possible. To secure a conviction, the court has to be sure as to the accuracy of any evidence. If this evidence fails to meet the required standards, we will argue before the court that there should be no conviction. If the court agrees with the argument you may well avoid a driving ban.

Remember, if any speeding ticket potential prosecution is to be defended successfully, the sooner work begins on your defence the better. Do not be tempted to forget about the speeding fine and hope it will go away, it won't. Contact us today to find out how we can help!

Most offences will be dealt with by way of three penalty points and £60 Fixed Penalty Notice. If you got caught using a mobile phone whilst driving a bus or any heavy goods vehicle the matter could proceed to a Court hearing and you could be fined up to £2,500.

In a prosecution for failure to stop we advise that you contact us immediately. There is a strict duty upon motorists to stop and provide information, to people who reasonably request it, after an accident involving damage to property or injury to a person.

It is important to note that you can be guilty of failure to stop even if the accident is no fault of yours.

As with lot of road traffic offences, failing to stop is widely defined. It does not have to involve a motor vehicle as the Act refers to mechanically propelled vehicle. The definition of ‘accident’ tends to be regarded in a common sense way. Any ‘injury’ to a person does not have to be physical injury and can even include nervous shock.